M. J. "MIKE" FOSTER, JR. HILLARY J. CRAIN GOVERNOR CHAIRMAN

IN RE: OLIVE D. HEBERT D/B/A BAYOU GOLD NO. VPI000500281A

ORDER

This matter was considered by the Louisiana Gaming Control Board at its meeting ofOctober

21,2003. The Hearing Officer's order dated September 30, 2003, based on the "Joint Motion for

Entry of Stipulations and Approval of Proposed Settlement" in the matter of the "Notice of

Recommendation ofAdministrative Action," by and between Olive D. Hebert d/b/a Bayou Gold, No.

VP 1000500281 A, and the Louisiana Department of Public Safety and Corrections, Office of State

Police, Video Gaming Division, which is attached hereto and incorporated herein, is APPROVED.

THUS DONE AND SIGNED on this the~ of October, 2003.

L~NTROLBOARD

BY: HI~RMAN

LOUISIANA GAMING CONTROL BOARD I HEREBY CERTIFY THAT ACERTIFIED

COpy HAS BEEN MAIlED. DR SERVED ON ALL PART~ ttr ...- DAY OF '20l?3'I

APPEAl DOCKET C~

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9100 Bluebonnet Centre. Suite 500, Baton Rouge, LA 70809 Phone: (225) 295-8450 Fax: (225) 295-8479

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RECEIVEDrr:~ , ,'. /, :: ~ : ::~ "-__:' ~,~',~ :~ , i ; STATE OF LOUISIANA

. t SEP 3 0 2003:,~. ('; OOT - 2 2003 LOUISIANA GAMING CONTROL BOARDi;\':'\; ;" ADMINISTRATIVE HEARING OFFICE LGCB ,U uL-~_----------'1; / ADMINISTRATIVE HEARING OFFICE' \

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IN RE: OLIVE D. HEBERT d/b/a BAYOU GOLD CASE NO. l000500281A

JOINT MOTION FOR ENTRY OF STIPULATIONS AND APPROVAL OF PROPOSED SETTLEMENT

ON THE JOINT MOTION OF:

1. the Louisiana Department of Public Safety and Corrections, Office of State Police, Video Gaming Division (hereinafter "Division"), and

2. Olive D. Hebert d/b/a Bayou Gold, License No. 1000500281 (hereinafter "licensee"),

who respectfully represent the following:

WHEREAS:

1. On or about April 18, 2003, an agent of the Division noted that the sign located near the licensee's establishment, which advertised Bayou Gold, did not include the problem gambling toll-free telephone number;

2. The licensee is mandated by La R.S. 27:27.3 to place the toll-free telephone number of the National Council on Problem Gambling (or other similar, Board­approved toll-free telephone number) in any advertisement of its gaming activities or gaming establishment;

3. Pursuant to its agent's observations, the Division issued ViolationlInspection Report #013672 to the licensee on or about April 18, 2003, citing violation of La. R.S. 27:27.3. Attendant to this ViolationlInspection Report, the Louisiana Gaming Control Board issued a Notice of Recommendation of Administrative Action to the licensee on or about July 30, 2003;

4. The licensee was previously cited for the violation of La. R.S. 27:27.3 on or about March 4, 2003, and paid a $250.00 civil penalty as part of a settlement agreement approved by the Gaming Control Board; and

5. This matter has been scheduled for hearing on September 30, 2003 at 9:00 a.m. before the Honorable William H. Brown,

' . tRepresenta ---- ­l ou/slana G . .Jarnlng Control Board

..

NOW THEREFORE, in consideration of the foregoing stipulations, the Division and the

licensee hereby propose the following settlement, that:

1. The licensee acknowledges that it was in violation of La. R.S. 27:27.3, in that it did not place the required problem gambling toll-free telephone number on the aforementioned sign that advertises its gaming establishment;

2. The licensee has since placed the required toll-free number on the sign. A copy of the photograph confirming the same is attached hereto;

3~ .. Iii HeuorfUrther admimstrative action against the licensee's video gaming license, and in light of the fact that this is the second violation of La. R.S. 27:27.3, the licensee shall pay a $500.00 civil penalty;

4. The Division hereby agrees to accept the licensee's payment of the above stated penalty in full and final settlement of ViolationlInspection Report No. 013672 and this Notice of Recommendation of Administrative Action;

5. The Division reserves the right to take into consideration these violations In

connection with any future violation;

6. The form and substance of this settlement are to be interpreted under the laws of the State of Louisiana;

7. This settlement constitutes the entire agreement between the Division and Olive D. Hebert d/b/a Bayou Gold pertaining to the subject matter contained herein, and supercedes all prior and contemporaneous agreements, representations, and understandings of the parties;

8. This settlement is subject to approval by the Hearing Officer of the Louisiana Gaming Control Board; it is expressly understood that if this proposed settlement is approved by the Hearing Officer, this agreement is not executory and will be submitted to the Board for its determination as to whether the matter should be heard by the Hearing Officer; if approved, however, payment of the above penalties must be submitted to the Division within fifteen (15) days of approval of this settlement by the Board; the failure to submit the civil penalty within fifteen (15) days of approval by the Board shall result in the video gaming license of the licensee being suspended and its gaming devices being disabled; and

9. The Division and the licensee waive their rights to appeal this settlement if the Order is signed by the Hearing Officer and accepted by the Board.

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Respectfully submitted,

OLIVE D. HEBERT d/b/a BAYOU GOLD

BY: Brett A. ulzer Counsel for the re Brett A Sulzer, LLC P. O. Box 4852 Baton Rouge, Louisiana 70821 Telephone: (225) 336-9600 Facsimile: (225) 709-1554

RICHARD P. IEYOUB

BY: ;;;;i;ikKarenDay e Assistant Attorney General La. Bar Roll No. 25933 339 Florida Street, Ste. 500 Baton Rouge, Louisiana 70801 Telephone: (225) 342-2465 Facsimile: (225) 342-4244

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STATE OF LOUISIANA LOUISIANA GAMING CONTROL BOARD

ADMINISTRATIVE HEARING OFFICE

IN RE: OLIVE D. HEBERT d/b/a BAYOU GOLD CASE NO.I000500281A

ORDER

Considering the foregoing Joint Motion For Entry of Stipulations and Approval of

Proposed Settlement, IT IS HEREBY-ORDERED-that such proposed settlement be-approved; to- -­

wit:

1. the licensee acknowledges that it was in violation of La. R.S. 27:27.3 t in that it did not place the required problem gambling toll-free telephone number on the sign that advertises its gaming establishment;

2. having placed the required toll-free number on the billboards, the licensee shall pay a $500.00 civil penalty;

3. payment of the above penalty shall be submitted to the state within fifteen (15) days ofapproval of this settlement by the Louisiana Gaming Control Board; and

4. the failure to submit the above penalty within fifteen (15) days of approval of this settlement by the Board shall result in the video gaming license of the licensee being suspended and its gaming devices being disabled.

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THUS DONE AND SIGNED this 2Y day of ....0.- ,' 2003 in

Baton Rouge, Louisiana.

Gc=l William H. Brown Hearing Officer

lD8ISWIA UI111 COItIOlIlOAlD IHEREBY camrt tHAT AcamAED

M.L COPY HAS BEEN SERVED 011 DAY ATRUE COpy ATTEST LOUISIANA GAMING CONTROL BOARD

Of HEARIN~C~/cb

BATON ROUG LA

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